HB-6267, As Passed Senate, December 13, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6267

      A bill to amend 1979 PA 152, entitled

"State license fee act,"

by amending the title and sections 3 and 37 (MCL 338.2203 and

338.2237), section 3 as amended by 1993 PA 139 and section 37 as

amended by 2003 PA 87.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                              TITLE

 2        An act to provide for the establishment and collection of

 3  fees for the investigation, regulation, and enforcement of

 4  certain occupations and professions, and for certain agencies and

 5  businesses; to create certain funds for certain purposes; and to

 6  prescribe certain powers and duties of certain state agencies and

 7  departments.

 1        Sec. 3. (1)  The  Except as otherwise provided for in

 2  section 37, the fees prescribed by this act shall be used only to

 3  offset the cost of operating the department.

 4        (2) Except as otherwise provided in sections 37, 38, and 51,

 5  the fees collected pursuant to this act shall be credited to the

 6  general fund of the state.

 7        Sec. 37. (1) Fees for a person licensed or seeking licensure

 8  as a real estate broker, associate broker, salesperson, or branch

 9  office or seeking other licenses or approvals issued under

10  article 25 of the occupational code, MCL 339.2501 to 339.2518,

11  are as follows:

12      (a) Application processing fees:

13      (i) Brokers and associate brokers as follows:

14      (A) If paid through September 30, 2003 or

15 after September 30, 2007.........................      $         20.00

16      (B) Beginning October 1, 2003 through

17 September 30, 2007............................... 35.00

18 (ii) Salespersons............................ 10.00

19      (iii) Branch office........................ 10.00

20      (b) License fees, per year:

21      (i) Brokers and associate brokers........... 36.00

22      (ii) Salespersons............................      26.00

23      (c) Branch office fee, per year as follows:      

24      (i) If paid through September 30, 2003 or        

25 after September 30, 2007.........................      10.00

26      (ii) Beginning October 1, 2003 through            

27 September 30, 2007...............................      20.00

28      (d) Sale of out of state property:               

29      (i) Application to sell.....................      20.00

1       (ii) Property registration...................      500.00

2       (iii) Renewal of approval to sell............      20.00

 3        (2) A fee shall not be required for the registration of

 4  property approved under the land sales act, 1972 PA 286, MCL

 5  565.801 to 565.835.

 6        (3) The real estate education fund is established in the

 7  state treasury and shall be administered by the department.

 8  Fifteen dollars of each license fee received by the department

 9  under subsection (1)(b) during that 3-year license cycle shall be

10  deposited with the state treasurer to the credit of the real

11  estate education fund. The department shall utilize the real

12  estate education fund only for the operation of departmental

13  programs related to education required of all licensees or

14  applicants for licensure under article 25 of the occupational

15  code, MCL 339.2501 to 339.2518. Any unexpended balance in the

16  real estate education fund at the end of a fiscal year shall

17  carry forward to the next fiscal year.

18        (4) The real estate enforcement fund is created in the state

19  treasury and shall be administered by the department. Beginning

20  October 1, 2003, $15.00 of each license fee received by the

21  department under subsection (1)(b) during that 3-year license

22  cycle shall be deposited into the real estate enforcement fund.

23  The department in conjunction with the attorney general shall

24  utilize the real estate enforcement fund only for the

25  enforcement of article 25 of the occupational code, MCL 339.2501

26  to 339.2518, regarding unlicensed activity as further described

 1  in section 601(1) and (2) and to reimburse the attorney general

 2  for expenses incurred in conducting prosecutions of such

 3  unlicensed practice  investigation and enforcement of actions

 4  regarding unlicensed activity and real estate fraud. Any

 5  unexpended balance in the real estate enforcement fund at the end

 6  of a fiscal year shall carry forward to the next fiscal year.